State Of Louisiana v. John (aka: James) Elliot Thompson

Supreme Court of Louisiana
June 03, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JOHN (AKA: JAMES) ELLIOT THOMPSON
No. 2025-KK-00349
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I
N RE: John (aka: James) Elliot Thompson - Applicant Defendant; Applying For
Supervisory Writ, Parish of Livingston, 21st Judicial District Court Number(s)
46652, 47509, Court of Appeal, First Circuit, Number(s) 2025 KW 0113;
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June 03, 2025
Writ application granted. See per curiam.
Weimer, C.J., dissents.
Crain, J., dissents.
Cole, J., dissents.
JDH
JBM
PDG
JMG
06/03/2025 "See News Release 026 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2025-KK-00349
STATE OF LOUISIANA
VS.
JOHN (AKA: JAMES) ELLIOT THOMPSON
On Supervisory Writ to the 21st Judicial District Court, Parish of Livingston
PER CURIAM
Writ granted. As noted by the appellate dissent, the trial court did not comply
with the considerations and factors set forth in State v. Campbell , 06-286 (La.
5/21/08), 983 So.2d 810. The issue of the defendant’s mental capacity to proceed
shall be determined by the court in a contradictory hearing. C.Cr.P. article 647.
While the ultimate decision regarding competency lies within the sound discretion
of the trial court, an ad hoc “coll oquy” cannot substitute for the expert evidence
required by Code of Crim inal Procedure article 644. Accordingly, this matter is
remanded to the trial court to conduct a hearing in compliance with the provisions
of the Code of Criminal Procedure.